Following the changes to the Fair Work Act 2009 that came into effect late last month, the Fair Work Ombudsman and the Fair Work Commission have released separate new guidance for employers and employees on the casual conversion process and how disputes about this process will be addressed.
The Guidance makes it clear that all disputes should be explored first at the workplace level and proceed to conciliation at the Commission only if there is no resolution to the dispute. If concilation fails there remains the option for application to the small claims court.
ACAPMA is adopting this new guidance into the ACAPMA Employment Guide on Casual Conversion which will be released to members int he coming weeks.
For more information see;
- Fair Work Ombudsman guidance on conversion – https://www.fairwork.gov.au/employee-entitlements/types-of-employees/casual-part-time-and-full-time/casual-employees/becoming-a-permanent-employee
- Fair Work Commission guidance on conversion dispute handling – https://www.fwc.gov.au/disputes-at-work/casual-conversion-disputes
Elisha Radwanowski BCom(HRM &IR)
Executive Manager Employment and Training
ACAPMA
